GNLV Corp. v. Featherstone, s. 4-86-1532
| Decision Date | 25 March 1987 |
| Docket Number | Nos. 4-86-1532,4-86-1533,s. 4-86-1532 |
| Citation | 504 So.2d 63,12 Fla. L. Weekly 861 |
| Parties | 12 Fla. L. Weekly 861 GNLV CORP., Appellant, v. Arthur FEATHERSTONE, Appellee. GNLV CORP., Appellant, v. Edwin TUNICK, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Floyd and Sally R. Doerner, of Floyd Pearson Richman Greer Weil Zack & Brumbaugh, P.A., Miami, for appellant.
Alfred Aronovitz, Miami, for appellees.
In an exercise of chutzpah which the writer would eschew if only because of movie engendered impressions, appellees here "stiffed" appellant, a Las Vegas gambling casino, by writing bad checks of $35,000 and $30,000 to cover gambling debts incurred in Nevada.
Appellant sued appellees in Nevada and obtained a valid judgment there, complying with all of the necessary requirements as to notice and otherwise. When appellant then recorded the Nevada final judgment in Florida in accordance with Section 55.501, et seq., Florida Statutes (1985), appellees sued to invalidate the foreign judgment against them and to have the Florida Enforcement of Foreign Judgments Act contained in Section 55.501, et seq. declared unconstitutional.
The trial court, relying upon Young v. Sands, Inc., 122 So.2d 618 (Fla. 3d DCA 1960), and Dorado Beach Hotel Corporation v. Jernigan, 202 So.2d 830 (Fla. 1st DCA 1967), invalidated the Nevada judgment, but did not expressly rule upon the constitutionality of the above statute, although the parties raised it in their motions for summary judgment. We reverse, holding the Florida Enforcement of Foreign Judgments Act to be constitutional, and remand with direction to enter final judgment for appellant.
The above cases, upon which the trial court relied, are inapposite to the present situation. Both were actions initially filed in Florida, based upon gambling debts incurred elsewhere. The present action involves a valid foreign judgment and is controlled by Trauger v. A.J. Spagnol Lumber Company, 442 So.2d 182 (Fla.1983), requiring Florida to recognize the Nevada judgment under the full faith and credit clause. See also Workingmens Co-operative Bank v. Wallace, 9 So.2d 731, 732 (Fla.1942); Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975); Conquistador Hotel Corp. v. Fortina, 99 Wis.2d 16, 298 N.W.2d 236 (Ct.App.1980); Hilton International Company v. Arace, 35 Conn.Supp. 522, 394 A.2d 739 (App.1977); FMS Management Systems, Inc. v. Thomas, 65 N.C.App. 561, 309 S.E.2d 697, 699 (1983); In re Smith, 66 B.R. 58 (Md.1986); and Casanova Club v....
To continue reading
Request your trial
-
Jacksonville Bulls Football, Ltd. v. Blatt
...Foreign Judgments Act, Sections 55.501-. 509, Florida Statutes (1985), was upheld as constitutional in the case of GNLV Co. v. Featherstone, 504 So.2d 63 (Fla. 4th DCA 1987). Florida, as well as 29 other states, has adopted the 1964 version of the Uniform Enforcement of Foreign Judgments Ac......
-
M & R Investments, Co., Inc. v. Hacker, 86-1950
...full faith and credit clause to recognize a Nevada judgment based on bad checks written to cover gambling debts. GNLV Corp. v. Arthur Featherstone, 504 So.2d 63 (Fla. 4th DCA), review denied, Case No. 70,463 (Fla. Aug. 13, 1987). A public policy defense was The other cases relied upon by th......
-
Rood v. Commissioner
...(Fla. Dist. Ct. App. 1983); M&R Invs. Co. v. Hacker, 511 So.2d 1099, 1100-1101 (Fla. Dist. Ct. App. 1987); GNLV Corp. v. Featherstone, 504 So.2d 63 (Fla. Dist. Ct. App. 1987). Petitioner essentially conceded in his petition that, had Caesar's obtained a Nevada judgment against him, the judg......
-
Holiday Casino, Inc. v. Breedwell
...denied, 559 So.2d 1387 (La.1990); M & R Investments, Inc. v. Hacker, 511 So.2d 1099 (Fla.Dist.Ct.App.1987); GNLV Corp. v. Featherstone, 504 So.2d 63 (Fla.Dist.Ct.App.1987), cert. denied, 513 So.2d 1061 (Fla.1987); Hargreaves v. Greate Bay Hotel & Casino, 182 Ga.App. 852, 357 S.E.2d 305 (198......